The Men's Wearhouse announced that in accordance with the terms and conditions of the Merger Agreement, dated March 11, 2014, by and among Men's Wearhouse, Java Corp., a wholly owned subsidiary of Men's Wearhouse and Jos. A. Bank Clothiers, Inc. it has extended the expiration date of its tender offer for all outstanding common shares of Jos. A. Bank.
The offer and withdrawal rights are now scheduled to expire at 5:00 p.m. New York City time on April 9, 2014, unless further extended. The tender offer was previously set to expire at 5:00 p.m. New York City time on March 19, 2014.
As of 5:00 p.m. New York City time on March 19, 2014, 19,281,365 shares of Jos. A. Bank common stock (including 2,154,327 shares Jos. A. Bank common stock subject to notice of guaranteed delivery) had been tendered in and not withdrawn from the tender offer.
On March 20, 2014, in accordance with the terms and conditions of the Merger Agreement, Men's Wearhouse amended its pending tender offer to reflect the terms of the Merger Agreement, including to reflect the increase in the offer price of $65.00 and other changes contemplated by the Merger Agreement.
As provided in the Merger Agreement, if on any scheduled expiration date, any of the conditions to the tender offer are not satisfied or waived, then MW may extend the tender offer for successive periods of time up to ten business days.
BofA Merrill Lynch and J.P. Morgan Securities LLC are serving as financial advisors to Men's Wearhouse, and Willkie Farr & Gallagher LLP is serving as legal advisor.